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Knoxville Pedestrian Accident Lawyer

Have you or a loved one been injured in a pedestrian accident caused by someone else's negligence in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville pedestrian accident lawyers. We will help you get the justice and compensation you deserve.

As a pedestrian in Knoxville, you should be able to walk our streets and sidewalks safely. Whether you're crossing a busy intersection downtown, navigating a crosswalk near the University of Tennessee campus, or strolling through your neighborhood in Fountain City, you should be able to do so without issue.

However, pedestrian accidents are all too common in our city, often resulting in devastating injuries. Whether it's a driver failing to yield at a crosswalk, speeding through a neighborhood, or distracted by their phone, the consequences for pedestrians can be life-altering.

Imagine being struck by a car, left with broken bones, head injuries, or worse, all while facing a long and painful recovery. The medical bills pile up, you're unable to work, and the stress takes a toll on you and your family. It's infuriating to think that your life can be changed in an instant because of someone else's negligence.

To make matters worse, insurance companies often try to minimize payouts or even shift blame onto the pedestrian. This is where DZ Law steps in. Led by attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, both of whom have been recognized as Mid-South Super Lawyers and have extensive experience fighting for injured victims, our firm is passionate about protecting the rights of injured pedestrians in Knoxville. We understand the challenges you face after a pedestrian accident, and we are dedicated to holding negligent drivers accountable.

Our attorneys will thoroughly investigate your case, holding the responsible driver accountable and fighting for the compensation you deserve. Let our Knoxville pedestrian accident lawyers handle the legal complexities while you focus on healing. Contact DZ Law today for a free consultation, and let us get you the justice you deserve.

Common Causes of Pedestrian Accidents

Many factors can contribute to pedestrian accidents, and often, they involve a combination of driver negligence, pedestrian error, and environmental conditions. Here are some common causes:

Distracted Driving

Drivers who are not paying full attention to the road are a major threat to pedestrians. Distractions include:

       Cell Phone Use: Talking, texting, or using apps on a phone while driving diverts a driver's attention from the road, making them less likely to see pedestrians.

       Other Electronic Devices: Fiddling with GPS devices, radios, or other in-vehicle technology.

       Eating or Drinking: Consuming food or beverages while driving can take hands off the wheel and eyes off the road.

       Passengers: Conversations or interactions with passengers can be distracting.

       Grooming: Applying makeup, shaving, or other personal grooming tasks while behind the wheel.

       Reaching for Objects: Trying to retrieve items from the floor, glove compartment, or back seat.

 

 

Speeding

Driving above the speed limit or too fast for conditions significantly increases the risk of pedestrian accidents.

Higher speeds reduce a driver's reaction time, increase stopping distances, and make it more difficult to avoid a collision. The faster a vehicle is traveling, the more severe the injuries will be in a pedestrian accident.

Failure to Yield

Drivers are required to yield the right-of-way to pedestrians in many situations, such as at crosswalks and intersections. Failing to yield can lead to serious accidents.

       Crosswalks: Drivers not stopping for pedestrians in marked or unmarked crosswalks.

       Intersections: Drivers making turns without checking for pedestrians.

       Driveways and Parking Lots: Drivers exiting or entering driveways or parking lots without looking for pedestrians.

Impaired Driving

Drivers under the influence of alcohol or drugs (including prescription medications that impair driving ability) have slower reaction times, impaired judgment, and reduced coordination, making them much more likely to hit a pedestrian.

Poor Visibility

Conditions that reduce visibility make it harder for drivers to see pedestrians, especially at night or in bad weather.

       Inadequate Lighting: Poorly lit streets and crosswalks. This is a concern in areas like the Old City, where lighting can be inconsistent.

       Glare: Sun glare or glare from headlights can make it difficult to see.

       Weather Conditions: Rain, fog, snow, and darkness can significantly reduce visibility.

Left-Hand Turns

Drivers making left turns often have to focus on oncoming traffic and may not see pedestrians crossing the street they are turning onto. This is a common scenario for pedestrian accidents at intersections.

 

 

Road Design and Infrastructure

Certain road designs and infrastructure issues can increase the risk of pedestrian accidents.

       Lack of Sidewalks or Crosswalks: Forcing pedestrians to walk on the road or cross in unsafe locations.

       Wide Roads: Wide, multi-lane roads can be difficult for pedestrians to cross safely.

       High-Speed Roads: Roads with high-speed limits are more dangerous for pedestrians. Roads like Alcoa Highway and certain sections of Kingston Pike pose significant risks due to their high traffic volume and speed.

       Poorly Marked Crosswalks: Faded or obscured crosswalk markings.

Pedestrian Error

While drivers often bear the primary responsibility, pedestrians can also contribute to accidents through their actions:

       Jaywalking: Crossing the street outside of a designated crosswalk or against a traffic signal.

       Distracted Walking: Being distracted by cell phones or other devices while walking.

       Darting into Traffic: Suddenly entering the roadway without looking for oncoming vehicles.

       Walking While Intoxicated: Impaired judgment and coordination due to alcohol or drug use.

Tennessee Laws Protecting Pedestrians and Right-of-Way Rules

Tennessee law provides specific protections for pedestrians and establishes clear rules regarding right-of-way at intersections and crosswalks. These laws are designed to enhance pedestrian safety and reduce the risk of accidents.

 

 

Pedestrian Right-of-Way

Tennessee law generally gives pedestrians the right-of-way in several situations:

       Crosswalks: Drivers must yield the right-of-way to pedestrians who are crossing the roadway within a marked or unmarked crosswalk at an intersection. This means drivers must stop and allow the pedestrian to cross safely. An unmarked crosswalk exists at most intersections, even if there are no painted lines, as long as there are sidewalks on both sides of the road.

       Intersections without Signals: If there are no traffic signals or pedestrian signals in operation at an intersection, drivers must yield to pedestrians crossing within a crosswalk.

       Turning Vehicles: Drivers turning at an intersection, either left or right, must yield to pedestrians who are crossing the street they are turning onto.

       Sidewalks: When a vehicle is crossing a sidewalk, such as when entering or exiting a driveway or alley, the driver must yield to any pedestrians on the sidewalk.

       Blind Pedestrians: Drivers must yield the right-of-way to any blind pedestrian carrying a clearly visible white cane or being led by a guide dog, regardless of where they are crossing.

Pedestrian Responsibilities

While pedestrians have significant protections under Tennessee law, they also have responsibilities:

       Obey Traffic Signals: Pedestrians must obey pedestrian signals ("Walk" and "Don't Walk" signs) where they are present. When a steady "Don't Walk" signal is displayed, pedestrians should not start crossing the road, even if they are in a crosswalk. If a pedestrian signal is flashing "Don't Walk" a pedestrian may finish crossing, but a driver does not have to stop for a pedestrian who has not yet entered the crosswalk.

       Use Crosswalks: Pedestrians should cross the street at marked or unmarked crosswalks whenever possible.

       Look Before Crossing: Even when in a crosswalk, pedestrians should always look both ways for oncoming traffic before crossing the street and continue to look as they cross.

       Yield to Vehicles When Not in a Crosswalk: If a pedestrian is crossing the road outside of a crosswalk, they must yield the right-of-way to all vehicles on the roadway. This is commonly referred to as "jaywalking".

       Don't Dart into Traffic: Pedestrians should not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield.

       Walking Along Roadways: If there is no sidewalk, pedestrians should walk on the shoulder of the road, facing oncoming traffic. If there is no shoulder, pedestrians may walk on the edge of the roadway, but they must exercise extreme caution.

       Intoxication: It is illegal for a pedestrian to be intoxicated in a public place to the degree that they are a danger to themselves or others or are unreasonably annoying others.

 

 

Penalties for Violations

Drivers who fail to yield the right-of-way to pedestrians can face fines and other penalties. If a driver's failure to yield results in an accident that causes injury or death to a pedestrian, the driver can face more serious criminal charges, such as reckless driving, vehicular assault, or vehicular homicide.

Shared Responsibility

While Tennessee law provides significant protections for pedestrians, both drivers and pedestrians share responsibility for safety. Drivers must be vigilant, obey traffic laws, and be especially cautious in areas with pedestrian traffic.

Pedestrians must also do their part by using crosswalks, obeying signals, being aware of their surroundings, and avoiding distractions.

Proving Fault in Pedestrian Accidents in Tennessee

Establishing fault in pedestrian accident cases is crucial for the injured pedestrian to recover compensation for their medical expenses, lost wages, and pain and suffering.

In Tennessee, proving fault often involves demonstrating that the driver was negligent and that their negligence directly caused the accident. However, the pedestrian's actions can also be considered under Tennessee's modified comparative fault system.

Driver Negligence

To prove the driver was at fault, you'll need to show they breached their duty of care to operate their vehicle safely. Common examples of driver negligence in pedestrian accidents include:

       Failure to Yield: Not yielding the right-of-way to a pedestrian in a crosswalk, at an intersection, or when turning.

       Distracted Driving: Using a cell phone, eating, or engaging in other distractions that take the driver's attention off the road.

       Speeding: Driving above the posted speed limit or too fast for the conditions, especially in areas with high pedestrian traffic.

       Impaired Driving: Driving under the influence of alcohol or drugs.

       Reckless Driving: Operating the vehicle with a willful or wanton disregard for the safety of others, such as running a red light or weaving through traffic.

       Disregarding Traffic Signals: Failing to obey traffic signals, such as running a red light or stop sign.

       Improper Turns: Making unsafe turns without checking for pedestrians.

       Back-Up Accidents: Not looking carefully when backing out of a driveway or parking space.

 

 

Evidence to Prove Driver Negligence

       Police Reports: The police report is a critical piece of evidence. It will contain the officer's observations of the accident scene, witness statements, and any citations issued to the driver. The report may also include the officer's preliminary opinion on fault.

       Witness Testimony: Statements from eyewitnesses who saw the accident can be very persuasive. They can testify about the driver's actions, the pedestrian's behavior, and the overall circumstances of the accident.

       Photographs and Videos: Photos and videos of the accident scene, vehicle damage, the pedestrian's injuries, and any contributing factors (e.g., poor lighting, obstructed views) can provide valuable visual evidence.

       Accident Reconstruction: In complex cases, an accident reconstruction expert may be needed to analyze the physical evidence, such as skid marks, vehicle damage, and the point of impact, to determine how the accident occurred and who was at fault.

       Medical Records: These records document the nature and extent of the pedestrian's injuries and link them to the accident.

       Traffic Laws and Regulations: Evidence that the driver violated a traffic law, such as failing to yield at a crosswalk, can be strong evidence of negligence.

Pedestrian's Actions and Comparative Fault

Tennessee's modified comparative fault system means that the pedestrian's own actions can also be considered when determining fault. If the pedestrian's negligence contributed to the accident, their compensation will be reduced by their percentage of fault. If the pedestrian is found to be 50% or more at fault, they are barred from recovering any damages.

Examples of pedestrian negligence that might reduce their recovery include:

       Jaywalking: Crossing the street outside of a marked or unmarked crosswalk.

       Disregarding Traffic Signals: Crossing against a "Don't Walk" signal.

       Darting into Traffic: Suddenly entering the roadway without looking for oncoming vehicles.

       Walking While Intoxicated: Being under the influence of alcohol or drugs to the point of impairment.

       Distracted Walking: Being distracted by a cell phone or other device while crossing the street.

Expert Testimony

In addition to accident reconstruction experts, other experts may be needed to prove fault and damages:

       Medical Experts: To testify about the nature, severity, and permanency of the pedestrian's injuries.

       Vocational Rehabilitation Experts: To assess the impact of the injuries on the pedestrian's ability to work.

       Economists: To calculate the economic damages, such as lost wages and future medical expenses.

 

 

Common Injuries Sustained in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection pedestrians have compared to occupants of vehicles. The specific injuries sustained can vary depending on factors like the speed of the vehicle, the point of impact, and the pedestrian's age and health.

Here are some common injuries:

Head Injuries

       Traumatic Brain Injuries (TBIs): These can range from mild concussions to severe, life-altering brain damage. TBIs can cause cognitive impairments, memory loss, personality changes, and physical disabilities.

       Skull Fractures: The force of impact can cause fractures to the skull.

       Facial Injuries: Fractures to facial bones, lacerations, and dental injuries are common.

Musculoskeletal Injuries

       Fractures: Broken bones are very common, particularly in the legs, arms, pelvis, and ribs.

       Soft Tissue Injuries: Sprains, strains, and tears of muscles, ligaments, and tendons.

       Spinal Cord Injuries: These can result in paralysis or other neurological impairments.

       Back and Neck Injuries: Whiplash, herniated discs, and other back and neck injuries can cause chronic pain and disability.

Internal Injuries

       Organ Damage: The impact can cause damage to internal organs such as the liver, spleen, kidneys, and lungs.

       Internal Bleeding: Internal bleeding can be life-threatening and may not be immediately obvious.

Skin and Soft Tissue Injuries

       Lacerations: Deep cuts and wounds.

       Abrasions: "Road rash" caused by the body scraping against the pavement.

       Bruising: Contusions and bruising from the impact.

Psychological Injuries

Pedestrian accidents can be traumatic events, leading to PTSD, anxiety, depression, and other psychological issues.

The severity of injuries can range from minor cuts and bruises to life-threatening conditions requiring extensive medical treatment, surgery, and long-term rehabilitation.

 

 

Compensation Available for Pedestrian Accident Victims

If you're a pedestrian who has been injured in an accident caused by a negligent driver in Knoxville, you may be entitled to compensation for a range of damages.

Tennessee law allows injured pedestrians to seek both economic and non-economic damages to cover their losses and help them recover from the physical, emotional, and financial impacts of the accident.

Medical Expenses

       Past Medical Bills: All reasonable and necessary medical expenses you've already incurred, including ambulance transportation, emergency room care, hospital stays, surgeries, doctor's visits, diagnostic tests (X-rays, MRIs, etc.), prescription medications, physical therapy, rehabilitation, and any other medical care.

       Future Medical Expenses: If your injuries require ongoing treatment or if you're likely to need future medical care, you can also seek compensation for these anticipated costs. This may include future surgeries, continued therapy, long-term nursing care, or assistive devices.

Lost Wages

       Past Lost Wages: Income you've lost because your injuries prevented you from working, from the time of the accident up to the present.

       Future Lost Earning Capacity: If your injuries are so severe that they permanently affect your ability to work or limit the type of work you can do, you can claim damages for your diminished earning capacity. This is the difference between what you likely would have earned without the injury and what you can now earn with the injury.

Property Damage

While less common in pedestrian accidents, if your personal property (e.g., phone, clothing) was damaged in the accident, you can seek reimbursement.

Pain and Suffering

Compensation for the physical pain, discomfort, and suffering you've endured and may continue to experience due to your injuries.

Emotional Distress

Damages for mental anguish, anxiety, depression, fear, post-traumatic stress disorder (PTSD), and other psychological impacts resulting from the accident and your injuries.

Loss of Enjoyment of Life

If your injuries prevent you from participating in activities you used to enjoy, such as hobbies, recreational activities, exercise, or spending time with loved ones, you can seek compensation for this loss.

 

 

Punitive Damages

In rare cases, if the driver's conduct was particularly egregious, such as driving under the influence or engaging in extreme recklessness, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar behavior in the future. 

Factors Affecting Compensation

The amount of compensation you can recover will depend on several factors, including the severity of your injuries, the extent of your medical treatment, your prognosis for recovery, the impact of the injuries on your ability to work and enjoy life, and the degree of fault assigned to each party under Tennessee's comparative fault system.

Steps to Take After a Pedestrian Accident in Knoxville

If you're a pedestrian involved in an accident in Knoxville, taking the right steps afterward is crucial for your safety and your legal rights. Here's what to do:

       Check for Injuries: Assess yourself for injuries and call 911 immediately if you or anyone else is seriously hurt.

       Move to Safety: If possible and safe to do so, move out of the roadway to avoid further injury.

       Call the Police: Report the accident to the Knoxville Police Department or the Tennessee Highway Patrol, depending on the location. For example, if you were hit near Market Square, you would call the KPD. If the accident happened on I-40, the THP might respond. A police report is essential.

       Gather Information: Get the driver's name, contact information, insurance details, and vehicle information. Additionally, you should collect names and contact information from any witnesses.

       Document the Scene: Photograph the accident scene, including vehicle damage, your injuries, the location, any traffic signals or signs, and any contributing factors like poor lighting.

       Seek Medical Attention: Even if injuries seem minor, get checked by a doctor. Some injuries have delayed symptoms.

       Don't Admit Fault: Avoid making statements that could be interpreted as admitting fault. Stick to the facts when speaking to the police or insurance companies.

       Contact an Attorney: Consult with an experienced Knoxville pedestrian accident lawyer as soon as possible to discuss your legal options.

How Our Firm Handles Pedestrian Accident Cases

At DZ Law, we are dedicated to helping injured pedestrians in Knoxville seek the justice and compensation they deserve.

We understand the devastating impact these accidents can have on victims and their families, and we're committed to providing compassionate and aggressive legal representation throughout the entire process. Here are the steps involved when we take on a pedestrian accident case.

 

 

Initial Consultation

We offer a free initial consultation to discuss the specifics of your case. This is an opportunity for you to ask questions, understand your rights, and learn how we can help. We'll listen carefully to your account of the accident and assess the potential strengths and weaknesses of your claim.

Investigation and Evidence Gathering

If we take your case, we'll immediately launch a thorough investigation to gather all necessary evidence, including:

       Obtaining the Police Report: We'll secure the official accident report from the Knoxville Police Department or the Tennessee Highway Patrol.

       Interviewing Witnesses: We'll track down and interview any witnesses to the accident to obtain their statements.

       Documenting the Scene: We'll visit the accident scene to take photographs and videos, document road conditions, and identify any contributing factors.

       Collecting Medical Records: We'll help you gather all relevant medical records and bills to document the extent of your injuries and treatment.

Building Your Case

We'll work with experts, such as accident reconstructionists, medical professionals, and economists, as needed to build a strong case on your behalf. These experts can provide valuable opinions on liability, causation, and the extent of your damages.

Negotiating with Insurance Companies

We'll handle all communications and negotiations with the insurance companies involved. We'll fight to ensure that you're not pressured into accepting a lowball settlement that doesn't fully compensate you for your losses. Our attorneys are skilled negotiators who know how to effectively deal with insurance adjusters.

Litigation

If a fair settlement cannot be reached through negotiation, we're prepared to file a lawsuit and take your case to court. We have extensive experience litigating personal injury cases and will vigorously advocate for your rights before a judge and jury.

Client Communication

We believe in open and transparent communication with our clients. We'll keep you informed throughout every step of the legal process, answer your questions promptly, and provide you with the support you need during this difficult time.

Contingency Fee

We handle pedestrian accident cases on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we recover compensation for you. Our fee will be a percentage of your settlement or court award.

 

 

Frequently Asked Questions About Pedestrian Accidents in Tennessee

What are my rights as a pedestrian in Tennessee?

Pedestrians generally have the right-of-way in marked or unmarked crosswalks at intersections. Drivers must yield to pedestrians in these situations. However, pedestrians must also obey traffic signals and avoid darting into traffic.

What if I was partially at fault for the accident?

Tennessee follows modified comparative fault. If you were partially at fault, your compensation will be reduced by your percentage of fault. If you're 50% or more responsible, you cannot recover any damages.

How long do I have to file a lawsuit after a pedestrian accident?

In Tennessee, the statute of limitations for personal injury claims, including pedestrian accidents, is generally one year from the date of the accident.

What compensation can I recover?

You may be entitled to economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).

Contact a Knoxville Pedestrian Accident Lawyer

Being struck by a vehicle as a pedestrian can result in catastrophic, life-altering injuries. In Knoxville, pedestrians face numerous risks on the road, often due to driver negligence. If you or a loved one has been injured in a pedestrian accident, you need an experienced legal advocate to fight for your rights and secure the financial compensation you deserve.

DZ Law is here to help. Our dedicated Knoxville pedestrian accident lawyers understand the unique challenges faced by injured pedestrians. We know that drivers and insurance companies may attempt to shift blame onto the victim, even when the driver was clearly at fault. We will not let that happen.

Don't navigate this complex legal process alone. Contact DZ Law by calling 865-259-0020 today for a free consultation and let us fight for the justice you deserve.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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